Seized Assets: Diezani’s UK Acquittal Immaterial, EFCC Tells Court
The Economic and Financial Crimes Commission has urged the Federal High Court in Abuja to disregard the acquittal of former Minister of Petroleum Resources, Diezani Alison-Madueke, by a United Kingdom court, describing the judgment as immaterial to the ongoing forfeiture proceedings involving assets linked to her.
The commission made the submission in a further counter-affidavit filed in opposition to Diezani’s application seeking to tender the June 17 judgment of the Southwark Crown Court in London, which discharged and acquitted her of bribery and corruption allegations.
Justice Inyang Ekwo had, on July 1, granted the former minister permission to present the UK judgment as evidence in the suit.
However, the EFCC maintained that the proceedings in the UK had no bearing on the Nigerian case or the final forfeiture orders under which the disputed assets were sold.
The commission stated: “The proceedings before the Southwark Crown Court, London, United Kingdom, and the purported acquittal of the applicant therein, are in respect of a proceeding that is not being prosecuted before any Nigerian court and have nothing to do with the substantive suit before this honourable court.”
The EFCC also urged the court to dismiss Diezani’s application and supplementary affidavit, describing some of the depositions as misleading.
According to the commission, the forfeiture proceedings concern assets covered by final orders of Nigerian courts, which remain valid and have not been set aside.
It said the properties were sold pursuant to final forfeiture orders made by Justice C.A. Obiozor of the Federal High Court on July 9, 2019, and another order issued by Justice I.N. Oweibo on September 10, 2019.
The commission added that it had published notices in newspapers inviting interested persons to show cause why the assets should not be forfeited before the final orders were made.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside. The forfeited properties were disposed of in accordance with due process of law,” the EFCC stated.
Diezani, however, is asking the court to order the EFCC to retrieve properties allegedly sold to third parties.
In the suit, marked FHC/ABJ/CS/21/2023, filed through her counsel, Prof. Mike Ozekhome, SAN, she alleged that the commission commenced the sale of assets linked to her without affording her fair hearing.
She contended that several final forfeiture orders were obtained through misrepresentation, suppression and non-disclosure of material facts.
The former minister further argued that she had never been convicted of any unlawful activity that could justify the forfeiture of her properties, insisting that the courts lacked jurisdiction to make the orders without hearing her.
She also claimed that she had been outside Nigeria since 2015 while undergoing medical treatment and was not served with the relevant court processes.
Diezani argued that the forfeiture orders were made on the civil standard of proof rather than the stricter standard applicable to criminal allegations.
She further stated that she had three suits pending against the EFCC in Lagos and maintained that the assets should not have been sold while the forfeiture orders were being challenged.
The EFCC, however, said criminal proceedings had been instituted against Diezani in various Nigerian courts following investigations into her activities while she was a public servant.
It cited charges including FHC/ABJ/CR/208/2018 and HC/ADYL/56C/2017, filed before the Federal High Court and Adamawa State High Court respectively.
Justice Ekwo adjourned the matter until November 11 for hearing of the pending applications.